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What is reasonable visitation for a 2 year old?

Child Custody 1 views 4 answers
I'm going to trial soon and as of right now there is a temp order 50/50. My ex has a drinking problem and I have evidence of that. My issue is I worry about our 2 year old because my ex isn't suppose to drink at least 12 hours before or his friends aren't allowed to drink around our child but he's violated 2xs before and again last night. When he works he sends our child to daycare(even though I'm free to watch him) for over 9 hours a day. I feel its unhealthy for our child to be there that long especially since he was never away from me or my family since he was born. I feel Tuesday and Thursday from 530-830 and every other Saturday and Sunday from 10-6 is fair. My ex only actually has our child on his week 3 hours a day before he goes to bed, this isn't healthy for our child

Attorney Answers

4
Bruce Guttman ·
What is a reasonable visitation schedule for parents of a two year old ? Court ordered visitation has always been a problem. The toddler is two young in most cases to articulate a position and a sixteen year old does pretty much what he or she wants to do. The court attempts to apply a 'best interest of the child' standard. They determine Best Interest by appointing a law guardian (attorney for the child) and very often have a forensic psychologist evaluate the parents and the child. Frequent and random drug testing should be performed on each parent if drugs and or alcohol are suspected. Parents with positive drug findings are presumed to be a danger to their children. If your ex has been violated then a record of this violation must be brought to the attention of the Court. You must seek legal assistance to prevent unsupervised visitation. The primary job of Family Court is to protect the child. You are seeking the Court's help as it is your duty to defend the welfare of your child. DO NOT GIVE UP. BRUCE GUTTMAN 631-777-3900
0 upvotes
Lawrence Weinreich ·
Since you indicate you are going to trial, you need to discuss the issue with your attorney. If you don't have one it is imperative that you retain one or get the court to appoint an attorney to you if you qualify. The issue of "what is reasonable" is clouded by the fact that the father has a drinking problem and has violated an order on at least 3 occasions. This needs to be brought up at the hearing and it is very fact sensitive. Again discuss everything with your lawyer or retain one.
0 upvotes
D Burkett ·
If you are approaching trial you must must must get an attorney. He or she will likely file a violation petition to prosecute the violations. It is impossible to say what a reasonable schedule would be without analyzing all the facts.
0 upvotes
Ingrid Gherman ·
Every child is different and adjusts differently to visits with parents who live separately. So anything that the child is comfortable with can be considered reasonable visitation. If the father has a drinking problem and violates a court order, he can present a safety issue for the child. You must bring this to the attention of the court and request a modification of visitation.
0 upvotes

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